[Code of Federal Regulations]
[Title 48, Volume 7]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR3052.209-72]

[Page 108]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
     CHAPTER 30--DEPARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY 
                      ACQUISITION REGULATION (HSAR)
 
Sec. 3052.209-72  Organizational conflict of interest.

    As prescribed in (HSAR) 48 CFR 3009.507-1, insert the following 
provision:

             Organizational Conflict of Interest (JUN 2006)

    (a) Determination. The Government has determined that this effort 
may result in an actual or potential conflict of interest, or may 
provide one or more offerors with the potential to attain an unfair 
competitive advantage. The nature of the conflict of interest and the 
limitation on future contracting ------[''contracting officer shall 
insert description here''].------
    (b) If any such conflict of interest is found to exist, the 
Contracting Officer may (1) disqualify the offeror, or (2) determine 
that it is otherwise in the best interest of the United States to 
contract with the offeror and include the appropriate provisions to 
avoid, neutralize, mitigate, or waive such conflict in the contract 
awarded. After discussion with the offeror, the Contracting Officer may 
determine that the actual conflict cannot be avoided, neutralized, 
mitigated or otherwise resolved to the satisfaction of the Government, 
and the offeror may be found ineligible for award.
    (c) Disclosure: The offeror hereby represents, to the best of its 
knowledge that:
--(1) It is not aware of any facts which create any actual or potential 
organizational conflicts of interest relating to the award of this 
contract, or
--(2) It has included information in its proposal, providing all current 
information bearing on the existence of any actual or potential 
organizational conflicts of interest, and has included a mitigation plan 
in accordance with paragraph (d) of this provision.

    (d) Mitigation. If an offeror with a potential or actual conflict of 
interest or unfair competitive advantage believes the conflict can be 
avoided, neutralized, or mitigated, the offeror shall submit a 
mitigation plan to the Government for review. Award of a contract where 
an actual or potential conflict of interest exists shall not occur 
before Government approval of the mitigation plan. If a mitigation plan 
is approved, the restrictions of this provision do not apply to the 
extent defined in the mitigation plan.
    (e) Other Relevant Information: In addition to the mitigation plan, 
the Contracting Officer may require further relevant information from 
the offeror. The Contracting Officer will use all information submitted 
by the offeror, and any other relevant information known to DHS, to 
determine whether an award to the offeror may take place, and whether 
the mitigation plan adequately neutralizes or mitigates the conflict.
    (f) Corporation Change. The successful offeror shall inform the 
Contracting Officer within thirty (30) calendar days of the effective 
date of any corporate mergers, acquisitions, and/or divestures that may 
affect this provision.
    (g) Flow-down. The contractor shall insert the substance of this 
clause in each first tier subcontract that exceeds the simplified 
acquisition threshold.
    (End of provision)

[71 FR 25774, May 2, 2006]